Supreme Court of India
Kallu Nat Alias Mayank Kumar Nagar v. State of U.P. and Anr.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the aforesaid discussion, the position of law is clear that the Court of Session has power under Section 193 CrPC to summon a person as accused to stand trial, even if he has not been charge- sheeted by the police and whose complexity in the crime appears in the evidence available on record.
Judgment, page 64
From the headnote
Issue for Consideration Whether the Court of Session, without itself recording evidence, can summon a person to stand trial in exercise of its powers u/s.193, Code of Criminal Procedure, 1973 as an accused (along with others committed to it by a Magistrate) on the basis of materials in the form of statements and other documents as contained in the final report of the investigating officer u/s.173, CrPC independently of the provisions of s.319 of the said Code. Headnotes† Code of Criminal Procedure, 1973 – Chapter XIV – s.193 – Cognizance of offences by Courts of Session – “cognizance”;
Authorities it was built on
- 1976 Smt. Nagawwa v. Veeranna Shivalingappa Konjalgi & Ors.
- 1984 A.R. Antulay v. Ramdas Sriniwas Nayak and Another
- 1960 Vadilal Panchal v. Dattatraya Dulaji Ghadigaonker and Another
- 2007 Maksud Saiyed v. State of Gujarat and Ors.
- 2008 S.K. Sinha, Chief Enforcement Officer v. Mis. Videocon International Ltd. & Ors.
- 2013 Mrs. Sarah Mathew v. The Institute of Cardiovascular Diseases by its Director - Dr. K.M. Cherian & Ors.
- 1986 Sarguja Transport Service v. State Transport Appellate Tribunal, M.P., Gwalior and Others
- 2012 Manharibhai Muljibhai Kakadia & Anr. v. Shaileshbhai Mohanbhai Patel & Ors.
- 1978 Hareram Satpathy v. Tikaram Agarwala and 3 Others
- 1993 Kishun Singh and Ors. v. State of Bihar
- 2015 Ramdev Food Products Private Limited v. State of Gujarat
- 2021 Pradeep S. Wodeyar v. The State of Karnataka
- 2011 Smt. Mona Panwar v. The Honble High Court of Judicature at Allahabad through its Registrar and Others
- 1971 Darshan Singh Ram Kishan v. State of Maharashtra
- 1977 Tula Ram & Ors. v. Kishore Singh
- 1998 Ranjit Singh v. State of Punjab
- 2006 Mohd. Yousuf v. Smt. Afaq Jahan and Anr.
- 2008 Raghu Raj Singh Rousha v. M/s. Shivam Sundraram Promoters (p) L & Anr.
- 2013 Dharam Pal & Ors. v. State of Haryana & Anr.
- 2010 Rameshbhai Pandurao Hedau v. State of Gujarat
- 2016 Balveer Singh & Anr. v. State of Rajasthan & Anr.
- 1951 R.R. Chari v. The State of Uttar Pradesh
- 2015 S.R. Sukumar v. S. Sunaad Raghuram
- 2016 Prabhu Chawla v. State of Rajasthan & Anr.
- 2022 Nahar Singh v. The State of Uttar Pradesh & Anr.
- 1994 M/s. Durga Ram Prasad v. Govt. of Andhra Pradesh
Where later benches applied it
Of those, 1 referred to
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